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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the Reasons for Appeal: The defendant, in collusion with B to recover the money invested in each of the development projects of this case, acquired money from the victims while recognizing the situation that the project does not normally proceed in the process of promoting each of the development projects of this case with B for a certain period and it is difficult to proceed normally in the future.
However, since the court below acquitted the defendant, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is a person who operates “M architect office” in Daejeon-gu L, and B is a real operator of K corporation established for real estate development, sales, etc.
1) On December 10, 2013, the Defendant related to the purchase and sale contract for the three lub apartment buildings in the Nlub Housing, with B around December 10, 2013, would give the victim F the share of 1/2 of the 600 commercial buildings in the Nlub Housing Complex.
The remainder means that the apartment should be additionally consulted after the sale of the apartment, and that the remainder should be 50 million won as the first down payment.
However, on February 28, 2013, K operated by B lost the status of a person subject to preferential negotiation from the administrator of the Busan Savings Bank, who developed the said housing complex, and did not have any right to the development of the said NN apartment complex, and the said NN apartment complex could not be carried out within a rapid time since it did not have any right necessary for the construction, such as purchase of land, and thus, it did not have any intent or ability to sell the said commercial building even if receiving money from the injured party.
The Defendant, in collusion with B, by deceiving the victim as such, received a remittance from the victim via a national bank account (Account Number: AH) in the name of the Defendant to KRW 50 million under the pretext of the down payment.
2) N.N. Parcelling-out rights.